The sun. [volume] (New York [N.Y.]) 1833-1916, 1887-08-14
THE LATE JUSTICE LAWSON.
THE DTFFEREECE BETWEEN LAW nv
ENGLAND AND IN IRELAND.


1and-Farttsan JudGcr, Brow beaten Csuns
| sci, Packed Juries-Mr. Healy's Work.
| osruteM 1887, ey the sur Frfntins ana Psoishfns
| ASSOCIATION
| LONDON, Aug. 13.-The death OF Judge
| Lawson will be made an occasion for opening
| up the whole subject OF the judiciary In 1rc-
land. There can be no better way OF answer
| ing the sly but absurd article Of Lord Bram-
| hall in one OF your American monthlies. In
| which he tries to make II appear that Ireland
| Is governed in the same manner as England,
and has no grievance except tho remnant OF
the old Land laws than by dwelling for mo-
| ment upon the career OF the late Judge Of the
Queens Bench.
Judge Lawson was splendid illustration OF
the remarkable variance between law and
judicature In England and law and judicature
in Ireland. In England when Judge Is ap-
pointed he is appointed for life, and cannot be
removed even for promotion. out OF the de-
partment to which he Is originally assigned. II
he goes first into Chancery there he stays. II
his ALLEGATION be to the Common Pleas. he re-
mains there all his life. His salary. his total
independence OF the people on the one hand,
and OF the Government on the other, make him
Indifferent to both. 1t Is this Indifference
which has made tho name Judge Justly hon.
ored In England in all cases into which the
OF England that since the reign OF the short
category OF properly designated Infamous
Judges" her bench has been pure and above
suspicion. Her juries are drawn according to
the letter and the spirit OF tho common law,
and verdicts are reached only upon facts. rig
orously adhered to, in the light OF the Judges
Interpretation Of the law.
In Ireland. although ostensibly under the
same Government, q totally different system
prevails and always has prevailed. Take the
case of Judge Lawson. About thirty years ago
he was appointed Law Adviser to Dublin Castle
that is, to the Irish executive You have no
corresponding office. It is unknown in Eng
land. The man who holds 1t knows that his
promotion to the bench depends on the ag-
gressiveness and success with which he makes
government in Ireland odious to the governed
II man is arrested, especially for n political
offence he would be taken in England before
magistrate who would act, under his oath, in
differently between him and the Crown. II
such hn arrest is made In Ireland the mag
istrate becomes at once a partisan OF the
Crown because he Is required to act upon the
advice Of the Law Adviser to the Irish ESecu-
tive. Do not confound the Office and its func-
lions with that Of crown prosecutor or crown
solicitor or Attorney General. 1t Is distinct
from them and wholly unique.
the sole ambition OF the loyal" bar. There
is not enough business for loyal" lawyers to
keep their coats from losing lustre. They must
be content to go into debt for years in the hope
that ultimately the Government will reward
their craftsmanship with q wig and fat salary.
No matter in what department OF jurisdiction
they may obtain an original appointment,
they can rise to any place in any other depart
ment. Their promotion is exclusively con-
trolled by the Castle. II they become thorough
partisans while Law Advisers or while sitting
on the bench of the lower courts. they can de-
pend upon promotion as raridlv as death
makes vacancies, for no Irish Judge has ever
been 80 false to his master in the Castle as to
earn removal. Thus. at the very foot OF the
ladder. they become bounden serfs OF the Gov
eminent Is it strange that the Irish people
hate the judiciary? Is it mysterious why the
Irish Judges pack juries and stultify the law
and defile their consciences when there Is no
other way for.them to succeed2
Judge Lawson began as Law Adviser to tho
Crown. He was in his prime a man Of fine
abilities. Having taken his degree in Dublin
University. he occupied for time the chair Of
Political Economy. He kept up during his
long judicial career close acquaintance with
letters. and passed for a scholar OF no mean
attachments His political course was servilc
and shameless. He was as devoid OF sympathy
with the people as if he had no Irisa blood in
his veins. Consumed with ambition. he played
his role Of prosecutor with vigor and energy.
and passed rapidly from the post Of Solicitor
General to that OF ACKNOWLEDGEMENT. and
twenty years ago he became one OF the Justices
Of Common Pleas In addition to that his SER
Witty was rewarded with a fat chair in the
Church Disestablishment Commission. In
1882 his brutality carried him still higher. He
landed then on the Queens Bench. and for
several years has been the senior puisne Judge
in Ireland. His last service was in Westmeath.
scarcely month ago. Although 70 years Of
age. and for long time decrepit, he insisted
on going the judicial rounds to the last
His is q typical career. Always choosing the
Judges from the prosecutors, the Castle is sure
of a temper on the bench which will be firmly
BIASED for tho Crown. 1t Is sure also OF a not
too scrupulous conscience about juries; and
one OF the first duties OF an Irish Judge is to
be able boldly and tyrannically to pack Juries
to convict, especially in political cases. Your
American system OF putting in box tho
names OF all legal voters and drawing out
talesmen from that depositary by lot Is a fair
way OF working the common law idea Of u jury
drawn from the people. Your system Of giving
the accused the same number OF peremptory
challenges as the State and allowing challenges
for cause only on tho same terms to both par
ties, finds no parallel In Irish judicature.
There the Crown has an unlimited right OF per-
emptory challenges. In the support OF this
right the name OF Judge Lawson stands pre-
eminent.
ia well-known example will suffice to eluci-
date the system. Under the last Crimes act a
panel contained a proportional representation
of four and a half Catholics to one Protestant.
II petit Jury were fairly drawn. 1t would